Youth criminal records in Canada are often misunderstood. Many people assume that once a young person has completed their sentence, the record simply disappears. In reality, the rules around youth records are complex—and if not properly understood, they can lead to unexpected barriers in education, employment, travel, and even immigration.
If your child or someone you care about has been charged or convicted under the Youth Criminal Justice Act (YCJA), it’s important to understand how youth criminal records work, when they can be accessed, and when they are sealed.
This guide breaks down everything you need to know.
What Is a Youth Criminal Record?
A youth criminal record is an official record of a conviction made against someone between the ages of 12 and 17, as defined under the Youth Criminal Justice Act. These records are maintained by various justice agencies, including police services, courts, and the RCMP.
While youth records are treated differently than adult records, they are still accessible for a limited period, and they can impact a young person’s future if not properly managed.
When Does a Youth Criminal Record Begin?
A youth criminal record is created when:
- A young person is charged with a criminal offence, and
- The matter proceeds formally through the youth justice system (not through informal warnings or extrajudicial measures)
Records may also be created at the police level, even if the case does not result in a conviction. These can still show up in certain types of background checks, depending on the timeline and circumstances.
How Long Does a Youth Criminal Record Last?
The retention period—or the time the record remains accessible—depends on the outcome of the case. After the retention period, the record is sealed.
Here are the most common scenarios:
| Outcome | Record Retention Period |
| Acquittal or Dismissal | Immediately sealed (no waiting period) |
| Withdrawn | 2 months |
| Reprimand (YCJA) | 2 months |
| Absolute Discharge | 1 year |
| Conditional Discharge | 3 years |
| Guilty Finding of Summary Conviction Charge | 3 years after sentence completion |
| Guilty Finding of Indictable Offence Charge | 5 years after sentence completion |
If a youth is found guilty of an offence, and subsequently becomes an adult and is found guilty of another offence as adult, this can cause their youth record to be unsealed and become permanent on their record.
Who Can Access a Youth Criminal Record?
During the retention period, the record can be accessed by:
- Police and law enforcement agencies
- Crown prosecutors and the courts
- Government agencies for specific legal purposes (e.g., child welfare)
- Border officials in other countries (particularly the U.S., in some cases)
Employers, volunteer organizations, and educational institutions cannot access youth criminal records during standard background checks unless:
- The youth consents to an enhanced check, or
- The offence falls under vulnerable sector screening (e.g., working with children)
How Can Youth Criminal Records Affect the Future?
Even though youth records are intended to be temporary, they can have serious implications during the open period. These include:
- Trouble crossing the U.S. border
- Limited job opportunities, especially with background checks
- Rejection from volunteer roles involving children or vulnerable populations
- Complications with university admissions or scholarships
- Problems with immigration or permanent residency applications
In some cases, a sealed youth record may still cause issues if unofficial police databases are not properly updated—another reason to consult with legal counsel.
How to Avoid or Minimize a Youth Criminal Record
The best way to protect a young person’s record is to avoid a formal conviction. This can be achieved through:
- Extrajudicial measures (e.g., warnings, referrals to community programs)
- Diversion programs
- Peace bonds
- Discharges (absolute or conditional)
A youth criminal lawyer can negotiate with the Crown to pursue these options and keep the youth out of custody and free of long-term legal consequences.
What If the Record Should Be Sealed But Isn’t?
In rare cases, youth criminal records may remain active past the expiry date due to administrative errors. If this happens, a lawyer can:
- Submit a request for the record to be reviewed
- Follow up with police services and the RCMP to ensure it is sealed
- Take legal steps if the record continues to appear in background checks
Schedule a Free Consultation With Lichtman Law
If you have questions about youth criminal records in Canada or your child has been charged with an offence, don’t leave their future to chance. At Lichtman Law, we specialize in defending youth and minimizing the legal consequences they face. We can help ensure your child’s rights are protected and their record is properly managed—today and in the future.
Schedule a free consultation today to speak with an experienced youth criminal lawyer and take the first step toward a fresh start.